Improvement Of The Civil Electronic Evidence Review Rules ——Centered On The Blockchain Evidence Review Rules

With the accumulation of internet user,and internet disputes are becoming more frequent.In contrast,the development of the electronic evidence rules in civil procedure law is lagging behind,and the court lacks highly operable review rules of civil electronic evidence,and can only rely on national credibility and maintain a cautious attitude in the review of electronic evidence.This not only increases the burden of the court trial and the litigation burden of the parties,but also adds uncertainty to the admissibility of electronic evidence.Blockchain evidence deposit technology provides a solution to this problem,which is to use a decentralized deposit method to ensure that electronic evidence is not tampered with,thereby simplifying the review rules of electronic evidence and increasing its acceptance rate.In recent years,legislative progress has facilitated the application of this technology:the "Internet Court Trial Regulations" have confirmed the legal status of blockchain evidence,and the "Civil Evidence Regulations"recognized the legality of the technical deposit method.At the same time,the review rules of electronic evidence have not made substantial progress with the development of technology.There are still problems such as lack of review content,confusion of review standards,and the tendency of the courts to review documentary evidence.This paper summarizes the application dilemma of electronic evidence review rules,and analyzes the causes leading to the dilemma.On this basis,sorting out the application of blockchain evidence review rules,referring to the content that is valuable to electronic evidence review system,providing ideas for the combination of technology and electronic evidence review.The main body of this paper contains the following four parts:The first part is the application dilemma of civil electronic evidence review rules.This part summarizes the problems in the trial from three perspectives.Through comparison with criminal electronic evidence and case comparison,summarize the dilemma encountered by electronic evidence review rules in judicial practice.This part aims to reveal the current dilemma of electronic evidence in Chinese civil justice and pave the way for the improvement of its review rules.The second part is the causes for the application dilemma of electronic evidence review rules.This part explains from a practical perspective the dilemma of electronic evidence in the judicial rules of the best evidence rules and authenticity,and the waste of resources caused by the reliance on national credibility when the court review electronic evidence.This part aims to show that the judicial dilemma of electronic evidence comes from its own characteristics,but with the development of technology,the characteristics of electronic evidence can also help it out of the dilemma.The improvement of the review rules is precisely due to the actual needs of judicial practice to solve the difficult problem of electronic evidence review rules.This improvement is an inevitable choice under the development of the times and technological progress.The third part is the introduction of blockchain evidence review rules in judicial practice.This part introduces the principles of the blockchain technology in the field of evidence deposit,and uses illustrations to illustrate the logic of blockchain evidence deposit in a simple and easy-to-understand way,and the difference between general electronic evidence deposit methods and blockchain evidence deposit.Afterwards,starting from the "First Blockchain Evidence Deposit Case",this part analyses the blockchain evidence cases that Chinese courts have reviewed since 2018,and summarizes the current review rules,revealing that the review rules of blockchain evidence can well solve the current application dilemma in the trial.The fourth part is the improvement path of civil electronic evidence review rules.This part improve the civil electronic evidence review rules by absorbing the part of the blockchain evidence review rules that has a higher degree of matching with the general electronic evidence,including constructing systematic review contents,setting unified review methods and standards,and appropriately simplifying the review procedure.Adjust the blockchain evidence review rules,and explore ways to improvement path of civil electronic evidence review rules centered on it.This paper summarizes the problem of the application of electronic evidence and the judicial application of blockchain evidence deposit technology through case statistics and analysis,and analyzes electronic evidence.on this basis,putting forward improvement path of electronic evidence review rules,and providing ideas for the combination of technical and electronic evidence review rules.